AG2003/4942, Transcript of Proceedings [2003] AIRCTrans 2750 (2 July 2003)

AUSCRIPT PTY LTD
ABN 76 082 664 220

Level 4, 179 Queen St MELBOURNE Vic 3000
(GPO Box 1114J MELBOURNE Vic 3001)
DX 305 Melbourne Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS


O/N 3364

~~AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WILLIAMS

AG2003/4942, 4943, 4944, 4945, 4946,
4947, 4998, 4999, 5000, 5001 and 5035

APPLICATIONS FOR CERTIFICATION
OF AGREEMENT

Applications under section 170LJ of the Act
by Construction, Forestry, Mining and Engineering
Union and Others for certification of agreements

MELBOURNE

11.50 AM, FRIDAY, 20 JUNE 2003

PN1

MR C. HARNATH: I appear for the Plumbers and Mechanical Services Association of Australia, on behalf of each of the businesses that are cited in the group of matters before you. And just as a matter of clarification, which I raised with your associate just before the hearing, 5035 wasn't listed in the Court proceedings today. I understand it is part of the bundle that is Axiom, and I do include that as part of my submissions.

PN2

THE SENIOR DEPUTY PRESIDENT: Yes, I can confirm that it is part of these ones that we are dealing with at the moment. For some reason internally the notice of listing, it didn't get recorded in the notice of listing on the board.

PN3

MR HARNATH: It was probably partly from the perspective that it was an urgent one in the sense of timing, and I actually filed that one by hand, so it actually went the old way rather than the newer way, your Honour. In the other, your Honour, I am on my feet, I have a copy of each of the original documents in each matter for the Commission, and I could hand them up at a later time.

PN4

THE SENIOR DEPUTY PRESIDENT: Are there any other appearances in these matters?

PN5

MR B. FITTON: I appear on behalf of the CEPU Plumbing Division.

PN6

THE SENIOR DEPUTY PRESIDENT: Thank you. Yes, Mr Harnath?

PN7

MR HARNATH: Thank you, your Honour. I do tender those original documents in all those matters except for Axiom. The Commission will already have the original documents in its hands for that matter. Your Honour, the position of each of the companies in the matters is that they believe they have done everything in regards to the requirements of both the Act and the rules of the Commission in completing the process reaching an enterprise agreement under section 170LJ of the Act, and as such, your Honour, they ask that the matters be certified accordingly.

PN8

THE SENIOR DEPUTY PRESIDENT: Just a query on 5035. The date upon which it is said that the agreement was made, or approved by a valid majority, in the statutory declaration of the union it gives the date of 31 January 2003, and in the employer's statutory declaration gives what appears to be 2 March 2003.

PN9

MR HARNATH: Can I just take a moment, your Honour, to check. Your Honour, the - - -

PN10

THE SENIOR DEPUTY PRESIDENT: It may even be 2 May.

PN11

MR HARNATH: 2 May, your Honour.

PN12

THE SENIOR DEPUTY PRESIDENT: Yes. The statutory declaration was signed on 5 May.

PN13

MR HARNATH: Your Honour, I can't speak for the union, but I can probably offer a reason for the difference in dates. I am not sure whether anything finally lays in it. Your Honour will be aware that there was a matter raised in other parts of the Commission regarding a bargaining fee clause, and that necessitated the union, when that was made by a decision finally by Deputy President Hamilton, the union, as I understand it, decided to re-process all of the agreements, which necessitated from the aspect of my members the need to have a further meeting of members to approve that agreement.

PN14

And, your Honour, I say that the 2nd of the 5th is the date that my member had the meeting under that second level of agreement, if you like. All the previous ones we have seen, in a sense would be void and wouldn't be able to be certified by the Commission. So it has been quite an elongated process to get to today's proceedings. I suspect, without going to it, that the date, the first date, was probably the date the company initially had its meeting on the first generation of the agreement. I can't speak for the union, but I know that the date that my member had that meeting was to reinforce, if you like, the rest of the agreement once that clause was removed.

PN15

THE SENIOR DEPUTY PRESIDENT: Thank you. Mr Fitton, do you wish to say anything?

PN16

MR FITTON: Just with regard to that particular agreement, I am not aware personally of the circumstances, but I would take the explanation that Mr Harnath has given as the events that occurred. That would be the only logical explanation for that circumstance. With regard to the agreements as whole, we do have representation with the employers, of eligible members, and it has been agreed by a valid majority to endorse these agreements. Thank you.

PN17

THE SENIOR DEPUTY PRESIDENT: In relation to these applications for certification of various agreements under the provisions of the Workplace Relations Act 1996, I am satisfied that there is no need for any extension of time to be granted, and I accept what has been said in relation to agreement 2003/5035 by Mr Harnath as being an accurate representation of the facts.

PN18

On the basis of the statutory declarations then that have been filed by the parties and the submissions made at the hearing today, I am of the view that having regard to the applicable provisions of the Act I am required to certify the agreements, that is, only subject to the reservation that it will be necessary for me to be satisfied that the documents handed up today are the same as those electronically lodged in a number of the matters.

PN19

Subject to that reservation the appropriate certifications will be issued in each application as soon as possible, and the matters are adjourned on that basis.

ADJOURNED INDEFINITELY [11.58am]